Shoddy legal services still short NJ immigrants, advocates say. Here's how to avoid it

Young immigrants rushing to renew their protections under the Deferred Action for Childhood Arrivals program have fallen prey to unauthorized legal practices, sometimes shelling out hundreds of dollars for shoddy work, advocates say.

The most recent DACA legal clinic organized by Red Bank volunteers in February drew dozens of DACA recipients, including several who complained of problems retrieving old DACA forms from notaries or even some lawyers, says Lazaro Cardenas, an attorney and deputy director of the Latino Coalition of New Jersey.

“We probably saw at the (legal) clinics 40 or 50 people and out of those, lots of them, a large percentage of them have complaints of notarios filling out their forms,” said Lazaro Cardenas, a lawyer and deputy director of the Latino Action Coalition of New Jersey.

Notary fraud and other unauthorized legal services have occurred in immigration communities across the country for decades. The New Jersey Office of the Attorney General has strict rules about what constitutes notary fraud; businesses risk fines over advertising notary and immigration services on the same storefront.

Years later, allegations persist of immigrants unwittingly paying hundreds, sometimes thousands, to representatives who lack the proper certifications.

How do you avoid these operations? Advocates explain the dangers of unauthorized legal practices in the video above, but here are some tips. 

Have you been a victim of unauthorized legal practices or "notario fraud?" Contact reporter Steph Solis at ssolis@gannett.com.

Notaries are not immigration experts

In Latin America, “notarios” are consultants who are trained and authorized to handle legal matters. In the United States, all they’re legally allowed to do is witness and sign documents for a client. They’re not allowed to give legal advice, and the most they can charge for their services is a few dollars, according to state and federal regulations.

That distinction isn’t always clear to immigrants, says Casa Freehold director Rita Dentino. She said she has heard accounts of notaries setting up shop in travel agencies or other shops offering immigration services of various kinds for cash. Immigrants, regardless of legal status, often don't report these operations because they fear the notaries could retaliate and jeopardize their status.

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Cardenas said he heard such reports last month when he and other local advocates organized a legal clinic for DACA renewals, free of charge. 

How do you find credible lawyers? Several advocacy groups and bar associations have listings of local attorneys. The American Immigration Lawyers Association has a searchable database.

Always ask for copies

Lawyers are required to return a former client's files to them upon request, according to the American Bar Association. At most, they could charge a fee for copying the files and decline to hand over some of the lawyer's notes.

"The file that you create on a client does not belong to the attorney. It belongs to the client," Cardenas said. 

While notaries aren't authorized to handle immigration-related forms, they also are required to hand over a former client's files.

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Receipts, receipts, receipts

The more clients have documented, the better. Lawyers and other certified immigration experts should be willing to accept check or provide receipts that detail their services.

Those details could also come in handy if you have to file an ethics complaint how your case was handled.

Where to get help

• Report "notario fraud." The New Jersey Division of Consumer Affairs accepts complaints of "notary fraud" on its website: njconsumeraffairs.state.nj.us/file-a-complaint. You can also call 973-504-6200.
• Hold lawyers accountable. The New Jersey Judiciary's Office of Attorney Ethics has a toll-free number for clients interested in filing an ethics complaint or disputing fees: 1-800-406-8694.

Steph Solis: @stephmsolis; 732-403-0074; ssolis@gannett.com.